CITYWATCH EXCLUSIVE-In February 9th’s Justice at Risk: California’s Corrupt Courts, we saw how the California Supreme Court sees no harm to the public with embezzlement and massive fraud in the financial industry. In the midst of the multi-billion dollar Savings and Loan scandals of the 1980's, California’s Supreme Court thought it was okay to let crooks run rampant in California businesses.
RICO – we’ve all heard about RICO. Well, maybe the California Supreme Court never heard of it, but everyone else has. RICO stands for Racketeer Influenced and Corrupt Organizations Act.
RICO was designed in part to stop the Mafia from purposely destroying legitimate businesses and driving them into bankruptcy. But, California Supreme Court sees no public benefit to keeping the Mob and other thieves out of California businesses. We really need to think long and hard about the immorality of a Supreme Court that favors criminals over honest people.
Perhaps the Supreme Court suffered from a bout of temporary insanity in The Foley Case. When we see Moncharsh v. Heily & Blase, we realize that Foley was no aberration. We really do suffer from a Supreme Court that favors decisions which are wrong on their face and work a substantial injustice on the wronged person.
No one has to believe me that the Moncharsh case champions injustice. Here is what Justice Kennard said about the nature of Supreme Court’s Moncharsh Decision:
“ … the majority's holding requires our trial courts not only to tolerate substantial injustice, but to become its active agent … I will not agree to a decision inflicting upon this state's trial courts a duty to promote injustice by confirming arbitration awards they know to be manifestly wrong and substantially unjust.”
The pro-corruption Foley Decision in 1988 was followed four (4) years later with this Moncharsh monument to immorality. The Supreme Court doubled-down on the side of injustice. California actually enforces decisions which they know for a fact are wrong and unjust!
Let’s remember that this is the California SUPREME COURT’s modus operandi that we are witnessing. These decisions aren’t some isolated trial court making a couple bad decisions. The SUPREME COURT protects criminals over honest people, when it enforces decisions which it KNOWS are both WRONG and SERIOUSLY INJURE people.
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I know that the capital letters are screaming. What else can one do when the highest court in California requires all other courts to protect white collar criminals and to enforce obviously wrong decisions which harm honest folk?
Now you know why you cannot fight your credit card company or your bank or any other large institution? They fall under the Moncharsh Rule as the Court forces consumers which claims against banks and other large businesses to go to binding arbitration where an arbitrator will rule in favor of the mega-business.
The California Supreme has had twenty-five (25) years to return to the road of honesty, to require correct judicial decisions and to stop injustice. The High Court has refused to do so. Many people have asked them to stop the promotion of white collar crime and the victimization of the consumer, but it refuses. The High Court’s persistence in promoting immorality and protecting criminality is a major reason most California cities like Los Angeles teeter on the brink of bankruptcy. The perception is that they favor the corporate criminals over a just society.
Anyone who wants to know why California is no longer a Destination State, like it was in the 1980's before the passion for corruption seized a hold of the California Supreme Court in 1986, should reflect on the criminal state of mind of our present court system. Power corrupts and corruption destroys.
The feds are complaining; it’s about time the public also stands up to stop corruption.
(Richard Lee Abrams is a Los Angeles attorney. He can be reached at: [email protected]This email address is being protected from spambots. Abrams views are his own and do not necessarily reflect the views of CityWatch. )
-cw
CityWatch
Vol 13 Issue 13
Pub: Feb 13, 2015
